Inquiries Act 1945

This Act may be cited as the Inquiries Act 1945.

The Board of Enquiry Ordinance 1929, the Board of Enquiry

Ordinance 1933 and the Board of Enquiry Ordinance 1934 are repealed.

In this Act:

acting in an official capacity, in relation to a Board member, Commissioner or authorised person, means the Board member,

Commissioner or authorised person is exercising powers or performing functions under, or otherwise related to the administration of, this

Act.

authorised person means a person authorised by the

Chairperson of the Board or Commissioner under section 6A.

Board means a Board of Inquiry appointed under section

4 or 4A, and includes the members of a Board and a quorum thereof as specified in the instrument of appointment.

Commissioner means a person appointed under section 4 or 4A to inquire into any matter.

contempt, see section 12.

reasonable excuse, in relation to any act or omission by a person summoned as a witness before a Board or a Commissioner, means any excuse which would excuse an act or omission of a similar nature by a witness or person summoned as a witness before a court of law.

Note for section 3

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

Part IIAA of the Criminal Code applies to an offence against this

Act.

Note for section 3A

Part IIAA of the Criminal

Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

The Minister may, from time to time, appoint a Board of Inquiry or any person to inquire into, and report to the Minister on, any matter in relation to the Territory which is specified in the instrument of appointment.

The Minister may appoint a member of the Board to be the

Chairperson of the Board.

If the Legislative Assembly passes a resolution that a Board of

Inquiry or a person be appointed to inquire into and report to the

Administrator on a matter which is specified in the resolution and which relates to the Territory, the Administrator must appoint a

Board of Inquiry or a person to inquire into and report on that matter.

The Administrator may appoint a member of a Board appointed under subsection (1) to be the Chairperson of the Board.

A Board or person appointed under this section must inquire into and report on the matter specified in the resolution.

The Administrator must, not later than the first meeting of the

Legislative Assembly which commences more than 14 days after the

Administrator has received a report under this section, table the report in the Legislative Assembly.

Every member of a Board and every Commissioner has, in the exercise of their functions under this Act, the same protection and immunity as a Supreme Court Judge.

A Board or Commissioner is to make a thorough investigation without regard to legal forms and solemnities and is not bound by any rules of evidence, but may inform themselves on any matter in such manner they think fit.

A Commissioner, or a Board, appointed to inquire into and report on a matter, may authorise a person or persons (the authorised person) to exercise powers and perform functions for the inquiry.

The authorised person may exercise the powers and perform the functions specified in the instrument of authorisation.

A person summoned to attend a Board or Commissioner may, with the approval of the Board or Commissioner, be represented by a legal practitioner or agent, who may examine witnesses and address the

Board or Commissioner on the person's behalf.